From Sebastian R. Freiku, Kumasi.. A former law student of the University of London, Mr. Chancellor Oppong Kyekyeku Kohl has filed a motion on notice at the Supreme Court, to have a smuggled document expunged from the record of appeal before the Court of Appeal. Mr. Kohl, a plaintiff/Appellant/respondent in a suit against the Attorney […]
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From Sebastian R. Freiku, Kumasi..
A former law student of the University of London, Mr. Chancellor Oppong Kyekyeku Kohl has filed a motion on notice at the Supreme Court, to have a smuggled document expunged from the record of appeal before the Court of Appeal.
Mr. Kohl, a plaintiff/Appellant/respondent in a suit against the Attorney General, last Monday November 7, 2016 filed the motion and the Supreme Court is billed to hear the matter on November 17, 2016 and expunge the said smuggled document from the records accordingly.
The petitioner’s concern borders on alleged smuggling of written response of the defendant into the record of proceedings before the Court of Appeal through the back door, belatedly two days before judgment was to be given.
Before this action, Mr. Kohl had petitioned the Chief Justice and the Judicial Service to caution the Registrar of the Court of Appeal to avoid the traps of legalizing illegality in the performance of his duty.
In a petition dated September 14, 2016, Mr. Chancellor Oppong Kyekyeku Kohl, the petitioner, appealed to the Judicial Service through its Secretary and copied to the Chief Justice calling on them (CJ and Judicial Service) to ensure that the said written response by the defendant through the back door, is expunged from the record of proceedings for dispassionate resolution of the issue.
He said, he had to pay a whooping sum of GHc5,410 (duly receipted) for the compilation of record of proceedings from the Court of Appeal to the Supreme Court, just as he paid for the compilation of records of proceedings from the High Court to the Court of Appeal.
According to him, he has a genuine case against the defendant (Attorney General), hence his financial commitment to pursue the issue to its logical conclusion.
Mr. Kohl, a former law student of the University of London, reminded the Registrar of the Court of Appeal that by trying to incorporate the said defendant’s written response, of which the panel of judges was not aware during the trial of the case, he (the Registrar) was trying to legalize illegality which he would not allow, because it would be cheating and unfair.
“As a registrar, you are expected not to enmesh yourself in such illegalities and demanded to know why the content of the defendant’s written response and defendant’s motion for extension of time, which were not granted, should be part of the record of proceedings when the matter is set for hearing at the Supreme Court”, he said.
He also drew the attention of the Court of Appeal to a written submission that there had been an admission of the commission of the torts against him in the earlier suit by the agents of the defendant by smuggling their defence into court proceedings unawares.
He stated that the Court of Appeal is not an inferior court to be allowed to set a bad precedence by inserting a process which was not served on him in its record of proceedings.
“Once a copy of the said written response by the defendant was not served on him, it is regarded as alien document and a foreign matter.
In another petition dated August 22, 2016 to the Registrar and copied to the Registrar of the Supreme Court and the Attorney General as a follow up to an earlier one of August 8, 2016 to the Court of Appeal Registrar, the plaintiff indicated that the defendant failed to file his written response but judgment was entered in his favour.
He is strengthened by an order of a Court of Appeal Judge, Justice Saeed Kwaku Gyan, sitting as a single judge, who cautioned the Registrar not to list cases whose process for hearing had not been served on plaintiff at a time the case had already been adjourned for judgment to be delivered.
By the order of Justice Gyan, the said judgment in the defendants’ favour is a nullity, since both the application for extension of time and written response filed two days before the judgment were not served on the plaintiff.
He was compelled to go to the Supreme Court to have the said smuggled document expunged from the record of appeal following the seeming apathy and unwillingness of the Chief Justice, the Judicial Secretary and the Registrar of the Court of Appeal to respond or act on Kohl’s letters.
At the time of filing this report, the Registrar of the Court of Appeal simply mentioned as Mr. Raphael had not responded to the concerns of the petitioner in writing.
The plaintiff went to an Accra High Court to seek an order for the payment of 254,000 pounds by the Government of Ghana to the plaintiff as the total compensation allegedly paid by the British authorities to the Ghana High Commission in London in November, 2003, for onward transmission to him, but the Government of Ghana refused to pay, in spite of persistent demand.
The plaintiff also sought the delivery of a First Class University of London LLB degree certificate which the University of London claimed to have delivered to the Ghana High Commission to be given to the plaintiff.
The said compensation was as a result of Mr. Kohl’s victory at Snaresbrook Crown Court in London on March 25, 2003, when the University of London, where he was an internal student, could not dispute the fact that all the last answers of the five papers that he wrote in the final year were not credited to his marks and the court ordered for his LLB certificate to be released to him. But the court gave judgment against Mr. Kohl on March 25, 2014.
The post Chancellor Kohl GOES to Supreme Court …Over alleged smuggled document appeared first on The Chronicle - Ghana News.
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